2078 ARTICLE 48

steamship company, if present, to take for analysis a composite sample of
such agricultural seeds. On demand of the dealer or his agent, or at the dis-
cretion of the inspector concerned, the sample drawn shall be mixed as
thoroughly as possible and divided into two portions, and one part left with
the dealer or his agent. On demand of the dealer or his agent, any sample
drawn shall be paid for by the inspector, on a basis not exceeding the
local market price for the seed sampled. In case a sample, drawn as pro-
vided herein, upon test or analysis is found to fall, in excess of the allowance
for variation made by said Board, below the statement on the tag or label
attached to the lot from which said sample was drawn, or to violate any
of the provisions of this sub-title, the vendor or consignee of said lot of
seed shall be notified and a copy of said notice mailed to the person, firm
or corporation whose tag or label was found affixed thereto.

An. Code, 1924, sec. 123. 1912, sec. 106. 1918, ch. 200, sec. 106. 1927, ch. 460, sec. 123.

136. It shall be unlawful for any person, firm or corporation to sell,
offer or expose for sale within this State any agricultural seeds, or mixtures
of agricultural seeds, as defined in this sub-title, for seeding purposes
within this State without complying with the requirements of this sub-title,
or falsely to mark, label or misrepresent any agricultural seeds, or to
interfere in any way with the State Board of Agriculture or its inspectors
or assistants in the discharge of the duties herein named.

An. Code, 1924, sec. 124. 1912, sec. 107. 1918, ch. 200, sec. 107.

137. Every violation of the provisions of this sub-title shall be deemed
a misdemeanor punishable by a fine not exceeding one hundred dollars, and
if the State Board of Agriculture shall find upon examination, analysis or
test that any person, firm or corporation has violated any of the provisions
of this sub-title, said Board or its duly authorized agent or agents may
institute proceedings in a court of competent jurisdiction to have such
person, firm or corporation convicted therefor, or said Board, in its dis-
cretion, may report the results of such examination to the proper prosecut-
ing attorney, together with the sworn statement of the inspector or analyst,
duly acknowledged, and such other evidence of said violation as said
Board shall deem necessary. Provided, however, that no prosecution of this
sub-title shall be instituted except in the manner following: when said
Board finds that the sub-title has been violated, it shall give notice to the
persons, firms or corporations concerned, designating a time and place for
a hearing. This hearing shall be private and the person, firm or corporation
involved shall have the right to introduce evidence either in person, or by
agent or attorney. If after said hearing, or without said hearing in case
said person or agent fails or refuses to appear, the Board decides that the
evidence warrants prosecution, said Board shall proceed as herein provided.
It shall be the duty of the proper prosecuting attorney to institute pro-
ceedings at once against the person or persons, firms or corporations charged
with such violation.

An. Code, 1924, sec. 125. 1912, sec. 108. 1918, ch. 200, sec. 108.

138. When any lot of agricultural seed, or mixture of agricultural
seeds, is sold, offered or exposed for sale as free of weed seeds, this sub-title
shall be deemed violated unless proper indication of such freedom is given
on the tags or labels attached to such seed.